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Frustrated by one size fits all fire arbitration awards - municipalities calling for reform and challenging results in the courts

AJAX, ON, Nov. 12, 2013 /CNW/ - Municipalities across Ontario continue
to be frustrated with Interest Arbitration awards for firefighters and
are calling on the government and opposition parties to commit to
correcting the arbitration process through new legislation.

In addition to awarding precedent setting double-digit wage increases
for firefighters, arbitrators are ordering what municipalities argue
are costly and unsafe fire services changes such as the 24-hour shift
model (firefighters work for a 24-hour period seven times in a 28 day
cycle instead of the more traditional rotation of 10 hour day shifts
and 14 hour night shifts over a greater number of days in the same 28
day cycle). As a result of these awards, fire associations press for
arbitration rather than make the tough decisions and work towards
negotiated settlements with their municipalities through collective
bargaining.

Further, arbitrators appear ready to simply replicate decisions with a
"one size fits all approach". The awards are often not grounded in
local economic realities or circumstances and may even overstep
authority by ruling on administrative policy which is the discretion of
the municipality.

Municipal leaders recognize the risk and responsibilities of
firefighters and continue to support appropriate compensation for the
valuable services that these individuals provide to the community, but
the question is, at what price? The reality is arbitration rulings are
having a significant negative impact on the fiscal health of many
municipalities and, at this point, it seems to be beyond the control of
the municipalities.

Reform is urgently needed through new legislation that gives priority to
local circumstances and includes a modified set of specific criteria
that arbitrators must evaluate when considering the fiscal health of a
municipality. New legislation might also consider clearly defining
areas of administrative matters that should be beyond the jurisdiction
of an arbitrator. At the heart of this reform is the taxpayer and their
ability to pay for the increased costs that are being levied against
municipalities.

There have been many attempts to present new legislation, including a
recent Private Members' Bill tabled in early 2013. However, they often
stall due to the lack of support from all parties. It is time that the
Legislature work together on arbitration reform for all taxpayers.

Quotes

"The Interest Arbitration process is fundamentally flawed as it is based
on precedent with no priority given to local circumstances. Each time a
fire association in Ontario is awarded a salary increase or benefit
improvement there is a ripple effect across the entire province.
Municipalities (small and large) are left picking up the pieces and
footing unaffordable costs. We are now seeing what appears to be the
start of a similar cycle with the 24-hour shift. In Ajax, we continue
to disagree with an order to implement a 24-hour shift trial, and we
are going to court to challenge the award. If implemented, we believe
that this trial could have significant impacts on firefighter and
public safety, scheduling, performance, and/or result in higher
operational costs that will only burden the taxpayer more. Reform is
needed to ensure a fair and balanced approach."

Mayor Steve Parish, Town of Ajax

"In Burlington, we continue to dispute the validity and appropriateness
of a 24-hour shift for the firefighters for a variety of reasons. Our
case will be heard at Interest Arbitration in early December and we are
hopeful that the arbitrator will look at the inappropriateness of this
demand by the Fire Association and realize that this is simply not
something that the taxpayers of our municipality should be saddled
with, in terms of potential safety concerns, operational impact and
financial cost. Whatever decisions have been made with respect to this
issue in other municipalities should not simply be imposed on our
taxpayers without regard to the local picture which we believe is
paramount."

Mayor Rick Goldring, City of Burlington

"In St. Catharines, we know the Fire Association is keen on a 24-hour
shift. The City has serious concerns regarding the appropriateness of
such a shift based on health and safety, operational and economic
reasons. With respect to fire services, it is within City Council's
legislative authority to determine the appropriate service levels and
staffing for the City. As a result, on January 21, 2012, a Resolution
of Council was passed confirming that Council does not support the
implementation of a 24-hour shift. We want to be clear to the
arbitrator hearing our case that this is not a choice."

At this time, only 1/3 of fire services in Ontario operate under a
permanent or trial 24 hour shift. Several municipalities continue to
dispute the issue and either continue to operate under regular shifts,
are awaiting arbitration or are in negotiations.

The Town of Ajax judicial review will be heard by the Divisional Court
on November 28, 2013.